The elements of constructive fraud are: (i) a duty owing ...
Whitaker, 657 N.E.2d 139, 144 (Ind. Ct. App. 1995), trans. denied (“The law presumes fraud when a person with a fiduciary duty benefits from a questioned transaction.”). Strong urges that a presumption of fraud arose in this case; Jackson cites the five-part Rice analysis as the proper test without addressing the burden-shifting aspect of ... ................
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